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HomeMy WebLinkAbout1983-03-14TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS March 29, 1~83 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Re: Amendment to the Board of Appeals Rules and Regulations Dear Mr. Long On Monday evening, March 14, 1983, at their regular monthly meeting, the North Andover Board of Appeals, upon their own motion, voted unanimously to amend their Rules and Regulations regarding plan requirements. The following members were present and voting: Alfred E. Frizetle, Esq., Vice Chairman, Richard J. Trepanier, Esq., Clerk, William J. Sullivan~ Walter F. Soule, and Maurice S. Foulds. The amendment shall read as follows; For petitions requesting variation(s) from the provisions of Section 7, Paragraphs 7.1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcel of land with a structure thereon being conveyed, will be acceptable to the Board of Appeals provided: 1. The dwelling(s); structure(s), or building(s) were con- structed prior to March 14, 1977. The petition is not to allow construction or alteration to the dwelling(s), structure(s), or building(s) which will result in the need for the issuance of a building permit. o The size of the plan shall be no smaller than 8½" by 11" and must show the existing area of the parcel, the existing frontage, and the existing setbacks of the dwelling(s), structure(s), or building(s) being conveyed. Mr. Daniel Long, Town Clerk March 29, 1983 Page 2 Proper space is provided on the plot plan for the Board's signatures, as well as adequate space for the following in- formation: date of filing, date of public hearing, and date of approval. Would you kindly incorporate this amendment into your records. Sincerely, Vice Chairman Esq., AEF/jw cc Building Inspector AN ACT RELATIVE TO THE PUBLICATION OF NOTICES OF CERTAIN HEARINGS UNDER THE ZONING ENABLING ACT. Be it enacted, ~tc., as follows: SECTION 1. Chapter ~0A of the Gene ..... ~.o.~s is hereby amended by striking out section 6, as most recent~? ~L~nded ~.~ ch~.pter 137 of the acts of 19~7, and inserting in plae0 zi!.~areof the following section:-- Section 6. Zoning ordinances c.v by-laws may be adopted and ~rom time to time be changed by ~:¥:e~dment, addition or repeal, but only in the manner hereinaf-~:.:?? provided. No zoning ordinance or by-law originally estab[i:~i~ing the boundaries of the districts or the regulations and rest:'.ictions to be er~orced therein, and no such ordinance or by-law ch~ging the same as aforesaid, shall be adopted until after tho planning board, if any, or, in a town having no such board, the board of selectmen, has held a public hearing thereon, first causing notice of the time and place of such hearing to be published in a ne~spaper of general circulation in the city or town once in each of two successive weeks, the first publication being not less ti?~n twenty-one days before the day of such hearing or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than twenty-one days before the day of such hearing, and has submitted a final report with recommendations to the city council or town meeting, or until twenty days shall have elapsed after such hearing without the submission of s~ch report; provided, that, in case of a proposed ordinance or by-law originally establishing the boundaries of the districts or the regulations and restrictions to be enforced therein, it shall be sufficient if a public hearing is held and a final report with recom~nendations is submitted by a zoning board appointed for the purpose by the city council or selectmen or twa~ty days elapse after such hearing without such report being sn..~,~moted. In a city no such ordinance as proposed to be originally established or changed as a2oresaid shall be adopted until after the city council or a co~,m~tttee designated or appointed for the purpose by it has held a public hearing thereon, at which all interested persons shall be given an opportunity to be heard. Notice of the time and place of such hearing before the city council or committee thereof shall be published in a newspaper of general circulation in the city once in each of two successive weeks, the first publication to be not less than twenty-one days before the day of the hearing or if there is no such newspaper in such city then by posting such notice in a conspicuous place in the city hall for a period of not less than twenty-one days before the day of such hearing. After such notice, hearings and report, or lapse of time without report, a city council or town meeting may adopt, ~eJect, er amend and adopt any such proposed ordinance or by-law. SECTION 2. Said chapter 40A is hereby further amended by striking out section 17, as appearing in section 2 of chapter 368 of the acts of 19~4, and inserting in place thereof the following section:-- Section 17. The board of appeals shall fix a reasonable time'f0~ the hearing of any appeal or other matter referred to it or any petition for a variance, and shall cause the notice of the time and place of such hearing thereof to be published in a newspaper of general circulation in the city or town once in each of two successive weeks, tho first publication to be not less than twenty-one days before the day of the hearing or if there is no such newspaper in such city or t~wn then by posting such notice in a conspicuous place in the city or town hall for a period of not less than twenty-one days b~fore the day of such hearing, and also send notice by mail, postage prepaid, to the petitioner and to the ow~ers of all property deemed by the board to be dffected thereby, as they appear on the most recent local tax list, and to the ~au~i~ ~oa~d of such city or town. At the hearing any party whether entitled to notice thereof or not may appear in person or by agent or by attorney. Approved May l~, 19~9.